Sloan v. Langert

Citations

• 6 Wash. 26
• 32 P. 1015
• 1893 Wash. LEXIS 220

Syllabus

<p>ATTACHMENT — WRONGFUL LEVY — ACTION ON BOND — PARTIES — EXEMPLARY DAMAGES — EVIDENCE — REBUTTING PRESUMPTION OF MALICE.</p> <p>In an action upon a bond for wrongful attachment of property of the obligees, recovery may be had in one suit for damages to both the joint and individual property of the obligees.</p> <p>Under §295, Code Proc., exemplary damages may be recovered for malicious attachment. (Spokane Truck & Dray Co. v. Hoefer, 2 Wash. 45, distinguished.)</p> <p>In order to rebut the presumption of malice in suing out a wrongful attachment, the defendant may testify that he believed the matters stated in the attachment affidavit to be true at the time of the issuance of the writ; and that he laid the matter fully before his counsel and acted upon the latter’s advice.</p> <p>The fact that an attachment was dissolved is merely prima facie evidence that it was rightfully dissolved, and does not preclude an investigation of that question in an action on the bond.</p>